Simpson v. E. C. Payne Lumber Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by the E. C. Payne Lumber Company for certiorari to the Court of Appeals to review and revise the judgment of said court rendered on the appeal in an action by E. C. Payne Lumber Co. against Mary D. Simpson, 87 South. 876.1 The following are the counts of the complaint referred to in the opinion: Plaintiff claims of defendant the further sum of $990.92 due from her by one order drawn by R. G. Ross on defendant by the name of Mrs. W.…
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Certiorari to Court of Appeals. Petition by the E. C. Payne Lumber Company for certiorari to the Court of Appeals to review and revise the judgment of said court rendered on the appeal in an action by E. C. Payne Lumber Co. against Mary D. Simpson, 87 South. 876.1 The following are the counts of the complaint referred to in the opinion: Plaintiff claims of defendant the further sum of $990.92 due from her by one order drawn by R. G. Ross on defendant by the name of Mrs. W. H. Simpson, as follows, viz.: “Mrs. W. IP. Simpson: Please pay E. C. Payne Lbr. Co. the above amt. $990.,92, being…
1Opinion of the CourtSayre, J.
This is the second application for the writ of certiorari in this cause. The opinion of this court on the first application is reported in 203 Ala. 668, 85 South. 9. The last opinion of the Court of Appeals is still in manuscript.
[1] First as to the rulings on the demurrer to the several special counts of the complaint: Whether the doctrine of error without injury, as demonstrated in Espalla v. Wilson, 86 Ala. 490, 5 South. 867, and Kellar v. Jones, 196 Ala. 417, 72 South. 89, should be applied in this cause, that is, whether the evidence showed conclusively that plaintiff was entitled to…
2Cases cited3 opinions
- Richardson v. StateSupreme Court of Alabama · 1920
- Ex Parte E. C. Payne Lumber Co.Supreme Court of Alabama · 1920
- Kellar v. Jones & WeedenSupreme Court of Alabama · 1916
3Cited by5 opinions
- Hood v. StateSupreme Court of Alabama · 1935
- Reichert v. Jerome H. Sheip, Inc.Supreme Court of Alabama · 1921
- United States v. RenfroeU.S. Army Court of Military Review · 1977
- Latter v. SchwarzSupreme Court of Alabama · 1931
- National Casualty Company v. ThompsonSupreme Court of Alabama · 1955